Medical Malpractice Laws Archives - Medical Malpractice Lawyers

Colorado Appellate Court Upholds Medical Malpractice Defense Verdict Despite Undisclosed Ex Parte Communication Between Defense Counsel And Treating Physician

November 13, 2026

Bryan McCluskey sued various medical providers for their alleged negligence during his spine surgery. McCluskey sought a second opinion from Dr. Kuklo, who obtained a CT scan on his lower back and concluded that one of the screws inserted during McCluskey’s earlier operations was misplaced and was[...]

Mississippi Supreme Court Discusses Withdrawal Of Consent During Medical Procedure

November 6, 2026

The Supreme Court of Mississippi stated in its August 6, 2026 opinion: “The record shows, prior to delivery, Brown gave written consent to an episiotomy. But according to Brown’s complaint, during her painful, medically induced labor, Brown begged her doctor not to cut her as her child’s h[...]

New York Appellate Court Finds No Excuse For Failure To Provide New York State Timely Notice Of Medical Malpractice Claim

November 3, 2026

Claimant sought to bring an action against defendant State of New York (State) for medical malpractice and negligence arising from the treatment of claimant’s decedent at the State University of New York Upstate Medical University Hospital (Upstate) in the days leading up to decedent’s death. Cl[...]

New Jersey Appellate Court Affirms Dismissal Of Medical Malpractice Case For Failure To Provide Timely Tort Claim Notice

November 1, 2026

On July 16, 2022, Rodriguez de Nunez, then in the third trimester of a pregnancy, presented at the emergency department of Raritan Bay Medical Center (“RBMC”) in Perth Amboy, New Jersey for treatment. She was accompanied by Nunez, the father of her child, and was admitted to the maternit[...]

Georgia Supreme Court Applies Balancing-Of-Interests Approach In Discovery Dispute Involving Medical Records Of Man Accused Of Giving Ex-Girlfriend Genital Herpes

October 30, 2026

After their long-term relationship ended, Maggie Moulton brought various claims against William Goodell, including a tort claim alleging that he gave her genital herpes without disclosing his infection status. In discovery, Moulton sought identification of Goodell’s primary care providers and reco[...]

Michigan Appellate Court Holds Loss Of Services Claim Viable Under Wrongful Death Act

October 28, 2026

On May 9, 2016, Kathleen Machelski visited Dr. Subbarao Chavali to help manage her atrial fibrillation, and Dr. Chavali prescribed her Coumadin therapy. Machelski had a high level of Coumadin in her system after several months of treatment, and plaintiff alleged that the high level of Coumadin resul[...]

Michigan Appellate Court Reverses Summary Judgment For Abortion Medical Malpractice Defendants

October 27, 2026

On June 30, 2016, the decedent, at 12 weeks’ gestation, presented to Planned Parenthood for an elective abortion, which Dr. Laura Castleman performed. During that same visit, the decedent also underwent an IUD placement. Although the decedent experienced pain with the procedure, Planned Parenthood[...]

Maryland Appellate Court Rules Medical Malpractice Expert’s Report Failed To Comply With Statutory Requirements

October 23, 2026

Maryland’s Health Care Malpractice Claims Act requires that before a claimant may waive arbitration and maintain a medical malpractice action in circuit court, a qualified expert must identify the defendant’s departure from the applicable standard of care and attest that the departure proximatel[...]

Georgia Appellate Court Finds Medical Malpractice Expert Affidavit Sufficient, Revives Dismissed Case

October 23, 2026

In Georgia medical malpractice cases, OCGA § 9-11-9.1(a) requires that the plaintiff file with the complaint an affidavit of an expert competent to testify, which affidavit shall set forth specifically at least one negligent act or omission claimed to exist and the factual basis for each such claim[...]

Minnesota Appellate Court Holds No Claim For Emotional Injury For Destruction Of Sperm Intended For Fertility Treatments

October 21, 2026

A laboratory under contract to preserve sperm for use in a married couple’s medically assisted effort to conceive a child destroyed the sperm before the designated contract termination. The couple sued the laboratory seeking emotional damages for alleged medical malpractice. The district court dis[...]

Michigan Appellate Court Holds COVID-19 Immunity Does Not Apply Where No Nexus Between Pandemic And Alleged Negligence

October 20, 2026

The State of Michigan Court of Appeals held in its published Opinion dated July 27, 2026 “there must be a connection between pandemic-related services and the services that resulted in the alleged negligence … Apart from the temporal relationship between plaintiff’s claims and the time[...]

Michigan Appellate Court Rules Exclusion Of Plaintiff’s Medical Malpractice Expert Was Error

October 19, 2026

Defendant, Dr. Benjamin Harper, M.D., performed a knee replacement on plaintiff. During the surgery, plaintiff’s popliteal artery was damaged and had to be repaired by a vascular surgeon. After being discharged from the hospital, plaintiff began treating with a neurologist for numbness and nerve p[...]

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Category: Medical Malpractice Laws